Legal Information

Acceptable Use Policy

1. Introduction

While we provide our services to you for certain legitimate purposes, there are certain purposes for which you should not use our services under any circumstances. This policy describes what you cannot do with our services. We trust you as our customer and person of integrity to abide by this policy, but if you breach the policy or help others to do so – we may suspend or terminate your use of the services.

2. Definitions

In this policy, the following words have the following meanings:

content means any submissions made to the website, whether public or private, including messages or comments on the content of other users;

policy means this acceptable use policy;

services means the web services offered by us on or through the website;

system means any network, computer or communications system, software application, or network or computing device.

3. Responsibility

You are responsible for your conduct, profile, and content on the website. You understand that your actions could have consequences, and may result in criminal or civil liability. We do not endorse, take any responsibility, or accept liability for your actions.

4. Your content

You retain the intellectual property rights to your copyrighted content. By submitting content to the website, you grant us a licence to use or adapt the content when we provide our services to you. This licence is worldwide, irrevocable, and free from royalty.

5. Prohibited content

You may not use, or help others to use, the website for any illegal or harmful purposes, including:

illegal content – including sharing or advertising child pornography or content that infringes the intellectual property rights of others (such as their copyright or trademarks), inciting or encouraging harm against others, or conducting or advertising illegal transactions (such as selling drugs or promoting unlicensed gambling);

fraudulent content – including offering, sharing or promoting false information relating to goods, services, or schemes, or otherwise misleading others in a way that is harmful or illegal;

abusive content – including content that is defamatory or vulgar, infringes another’s right to privacy (such as their personal information), or is otherwise unreasonably or objectionable; or

destructive content – including content or software designed for the purpose of malicious damage to computers, systems, or data, or to control or otherwise access any of these things.

6. Prohibited conduct

You may not use, or help others to use, the website or its services to interfere with the connections or security of networks, systems, or other users including:

unauthorized access – including accessing or attempting to access a network, system or user’s profile without permission;

surveillance – including the surveillance of any data on a network, system or user’s profile without permission;

intentional harm – including intentionally damaging the structure or efficient working of a network, system or user’s profile through physical or electronic means (such as Denial of Service attacks);

data manipulation – including the malicious and fraudulent altering of any data on or sent by a network, system, or user’s profile without permission; or

system manipulation – including the malicious and fraudulent alteration of a network, system, or user’s profile without permission.

7. Investigation and enforcement

We will investigate any breach of this policy. During and after an investigation, we can alter or remove any content that breaches this policy, or share this content or related information with any relevant third party, including other users or law enforcement agencies. This section applies to any agreements that you have with us.

8. Your duty to report breaches

You agree to notify us of any breach of this policy, via email or any other reporting process that we have set up.

9. Changes

We may change the terms of this policy at any time. We will notify you of any changes by placing a notice in a prominent place on the website or by email. If you do not agree with the change you must stop using the services. If you continue to use the services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted such terms.

Terms of Use

1. Introduction

These are the general terms of the relationship between you (the website visitor) and us (the website owner). The terms cover all use of this website. You agree to be legally bound by the terms by visiting and using this website. Please do not use the website if you do not agree to the terms.

2. Definitions and interpretation

2.1. Definitions. In the agreement:

terms means the terms, consisting of:

these terms of use; and

any other relevant specific terms, policies, disclaimers, rules, and notices agreed between the parties, (including any that may be applicable to a specific section or module of the website);

we, us, or our means our organisation, the owner of the website. It includes our officers, agents, employees, owners, co-branders, and associates where the terms limit or exclude our liability;

you or your means any visitor to this website, including any other person, website, business, or agent (including any virtual or robotic agent) associated with the visitor.

2.2. Interpretation. If the meaning of any general terms conflicts with any other relevant specific terms, the specific terms will apply. Specific terms, such as terms of service, privacy policy, or security policy apply to a specific sections of the website or have been specifically agreed between you and us.

3. Use of this website

3.1. Licence. We grant you a limited licence to use this website on these terms. We may cancel your licence at any time for any reason. Your licence is automatically cancelled if you do not get our written permission before using this website in a way these terms do not allow.

3.2. Breach. If you breach any of the terms or infringe any other person’s rights (including copyright), we may cancel your licence, block you from using the website, claim specific performance or damages against you, and take any other steps the law allows, without affecting our rights.

3.3. Framing and linking. You may not frame this website or any of its pages. You may only link to the home page of this website. You may not deep link (link to any other page) or link in any way that could suggest that we endorse or support you, or that you have any rights in our website or intellectual property, unless we have given you written permission to do so.

3.4. Virtual agents. You may not use any technology (including spiders, crawlers, bots, and similar virtual agents) to search or gain any information from this website, unless we have given you permission to do so.

4. Capacity

You promise that you are entitled to visit this website and agree to the terms because you:

are at least 18 (or regarded as legally adult), and have the legal right and capacity to do so; or

are not 18 yet, but have permission from your parent (or legal guardian) to do so.

5. Accurate information

You promise that you will only give accurate information to us and this website.

6. Intellectual property

6.1. Ownership. Except as provided to the contrary in the agreement, all rights, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to, or of this website are our sole property or will vest in us or a third party licensor. All moral rights are reserved.

6.2. Trademarks. Our logo and sub-logos, marks, and trade names are our trademarks and no person may use them without our permission. Any other trademark or trade name that may appear on our marketing material is the property of its respective owner.

6.3. Restrictions. Except as expressly permitted under the agreement, the website may not be:

modified or used to make derivative works;

rented, leased, loaned, sold or assigned;

reverse engineered or copied; or

reproduced or distributed.

7. Limits to our liability

7.1. Own risk. We provide the website “as is”. We do not give any express or implied warranty or make any other promise about this website. For example, we do not warrant that it is good quality, fit for any particular purpose, accurate, complete, up-to-date, legally effective or secure. We also do not warrant that it is free of latent defects, errors, malicious software or infringing content, or that you will have quiet or uninterrupted use of it.

7.2. Indemnity. You indemnify (or promise to protect) us against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) related to your use of this website.

7.3. Faults. We will do our best to fix any fault in this website as soon as reasonably practical after we find out about it. This is the limit of our responsibility and liability for any fault in the website.

7.4. Direct damages limited. If the previous clause does not apply for any reason, our maximum liability to you for all claims for direct damages is R100. This limit applies whether a claim is based on contract, delict (tort) or any other legal cause of action.

7.5. Indirect damages. We will never be responsible for any indirect or consequential damages or losses, even if we should have foreseen them. These may include any loss of profit, loss of goodwill, loss of use or damages related to lost or damaged data.

7.6. Other websites. We are not responsible for anyone else’s website.

8. General

8.1. Entire agreement. The terms are the entire agreement between the parties on the subject.

8.2. Changes to website. We may change or stop publishing this website without notice and will not be responsible for any consequences.

8.3. Changes to terms. We may change the terms at any time by placing a notice on this website or updating this web page. If you do not agree with the change, you must stop using this website or the changed terms will apply to you.

8.4. Facts about website. If an administrator of this website signs a letter confirming any fact related to the website, that letter is conclusive proof of its contents. These may include the version of the terms that apply to any dispute, or what content or functions the website had at a particular time or date.

8.5. Waiver. We never waive (give up) our rights, even if we allow you any favour or extension of time, or we delay enforcing our rights against you.

8.6. Severability. Any term that is invalid, illegal, or cannot be enforced must be regarded as deleted. The remaining terms continue as intended.

8.7. Law and jurisdiction. South African law and conditions (such as time and date) govern the terms. Only the South African courts may decide any dispute about the terms.

Terms of Service

1. Introduction

These are the general terms of our relationship with you, where we have developed or obtained the rights to provide the services. They cover any transactions where we provide such services to you. To access our services you will log in using our portal.

Under these terms:

we are the service provider – DataKeepers (Pty) Ltd (Registration number: 2016/532469/07); and

you are our customer.

2. Agreement

2.1. Composition. The agreement consists of these terms of service and any other specific terms applicable to the services.

2.2. Definitions. In the agreement:

authorised user means you or a user in your employ where you are a juristic person, who has been assigned credentials;

credentials means a unique username and password that has been assigned to an authorised user;

business day means any day other than a Saturday, Sunday, or holiday (including a public or bank holiday) in the jurisdiction where we are organised;

business hours means our normal business hours on business days;

day means a day counted from midnight to midnight, including all days of the month, Saturdays, Sundays, and public holidays;

writing means the reproduction of information or data in physical form or any mode of reproducing information or data in electronic form that the parties agree to use, but excludes information or data in the form of email.

you or your means our customer.

2.3. Interpretation. The following rules apply to the interpretation of the agreement:

reference headings – clause and subclause headings are for reference only and do not affect interpretation;

non-exhaustive lists – whenever a clause lists specific examples or items following a listing word, such as ‘including’, ‘includes’, ‘excluding’, or ‘excludes’, they will not limit its scope;

undefined words or phrases – all words or phrases that the agreement not define have their ordinary English meaning;

enactment references – references to any enactment include it as re-enacted, amended, or extended;

person references – references to a person includes a natural and juristic person;

party references – references to a party includes their successors or permitted assigns;

number of days – when any number of days is prescribed, the first day will be excluded and the last day included;

no interpretation against the draftsman – the rule of construction that an agreement must be interpreted against the party responsible for its drafting or preparation does not apply; and

time calculations – the parties will use GMT +2 to calculate any times.

2.4. Departure. These terms apply to all our customers and are not generally open to negotiation for reasons of consistency. Should the parties negotiate any departure from these terms, they will record that departure in r other specific terms.

2.5. Conflict. If there is a conflict of meaning between these terms and any word or phrase in other specific terms, the meaning in the specific terms will prevail in respect of the relevant services.

3. Duration

3.1. Commencement. These terms start whenever you accept them by:

doing so explicitly – such as by checking a checkbox saying that you do or agree to them;

using the services in any way – such as by accessing them; or

exercising any rights granted to you under the agreement;

and continue until terminated.

3.2. Automatic renewal. If any of our services involve a subscription, the agreement will continue automatically from the end of the initial term or subsequent automatic renewal period for an automatic renewal period equivalent to the initial term.

3.3. Renewal termination. Either party may terminate the agreement before the end of the initial term or subsequent automatic renewal period by giving the other party at least 30 calendar days prior written notice.

4. Orders

4.1. Placing orders. You place orders with us whenever you place a request or start using the services through our website. These orders are offers to us to use our services.

4.2. Capacity and authority. You promise that you have the legal capacity and authority to enter into the agreement.

4.3. Invitation to do business. Marketing is merely an invitation to do business and we only conclude the agreement when we actually provide the services to you. This happens when we accept your offer.

4.4. Cancellations. We may cancel any order, but we will refund any money you have paid in relation to that particular order if we do.

4.5. Time and place. We conclude the agreement when we accept the order and where we are domiciled when we do.

5. Services

5.1. Right. We grant you a right to use the services subject to the following limitations:

duration of agreement – you may only use the services for the duration of the agreement;

limited to terms – you may only use the services according to these terms;

non-exclusive – we may allow anyone else to use the services;

non-transferable – you may not transfer the right to anyone else; and

specified purposes – you may only use the services for the specified purposes that we’ve communicated to you in writing from time to time.

5.2. Breach. We may cancel your right if you breach the agreement.

6. Online services

6.1. Basis. We provide the online services to you on the following basis:

you give us permission to monitor how you use them for security and stability purposes; and

you agree that our records are undisputed evidence of the services provided to you.

6.2. Access conditions. We will only provide online service access to you or your authorised users (where you are a juristic person) on the conditions that you or each one of them will:

accurately provide us with any information that we ask for on registration or account creation;

create or have the necessary credentials (such as a username and password) assigned to them on registration or account creation;

look after their credentials and not give them to anyone else;

not interfere with or introduce any malicious software into the online services or otherwise misuse them;

be responsible for any activity that happens under their account, even if someone else was actually acting under their credentials;

have the necessary infrastructure, equipment, and software to access the online services; and

abide by the agreement and any policies that we communicate to them in writing.

6.3. Availability. We will do our best to make the online services available at all times, however we cannot guarantee that they will always be available. We may make them unavailable for scheduled and emergency maintenance.

7. Cloud Services

7.1. Grant of license. We grant you a limited, non-exclusive, non-transferrable, revocable license to use our cloud hosting services to:

store;

retrieve;

query;

serve; and

execute;

your content that you:

own;

have licensed; or

have otherwise lawfully obtained.

7.2. Consent to monitoring. You consent to us monitoring your use of the cloud hosting services to check whether you are complying with this agreement by monitoring your external interfaces. You may not stop us from monitoring your external interfaces. But, you may use encryption technology or firewalls to help keep your content confidential.

7.3. Co-operation with monitoring. You must co-operate with us to identify any problem with the cloud hosting services that we believe may be caused by your content or any other content you control.

7.4. Service levels. We will do our best to provide you with the cloud hosting services at 98% uptime, but we accept no responsibility for the cloud hosting services being down for more than 2% of the time.

7.5. Disaster Recovery. We will determine and maintain a disaster recovery facility and a disaster recovery plan. In the event of a disaster, we will implement the disaster recovery plan.

7.6. Third party software. You may be allowed to use certain software third party licensors provide as part of the cloud hosting services. The third party does not sell or distribute the software to you and you may only use it as part of the cloud hosting services. You may not transfer it outside the cloud hosting services without our written permission. Your use of third party software is governed by third party software terms. Your use of third party software is at your own risk. You are responsible for testing third party software with our services.

8. Packages

8.1. Packages. We have a range of packages for our services. A package is made up of certain virtualised hardware specifications in exchange for a monthly services fee as agreed between you and us.

8.2. Change to packages. We may change our available packages from time to time. You may not migrate to any new package that becomes available without our permission.

8.3. Package migration. You may request to migrate from your existing package to a new package. We may migrate you at our discretion based on availability of equipment. We will charge additional fees for migration.

9. IP addresses

9.1. IP addresses. We allocate one or more IP addresses as part of the cloud hosting services to you. You have no right, title, or interest to those IP addresses.

9.2. IP address reallocation. We may need to reallocate the IP addresses allocated to you from time to time. We will do our best not to interrupt your access to the services when reallocating IP addresses.

10. Maintenance

10.2. Scheduled maintenance. We will perform scheduled maintenance to our services from time to time. Therefore a monthly system downtime of seven hours to perform routine maintenance is reserved for each server forming part of the system. We will use all reasonable efforts to minimise the impact of scheduled maintenance on the system services (including typically performing the scheduled maintenance from midnight Sunday through to Monday morning). If the scheduled maintenance is to endure for a period longer than 120 minutes then we will provide you with prior notice.

10.3. Emergency maintenance. We may perform emergency maintenance when necessary. We will do our best to inform you of any emergency maintenance when it happens or as soon after it has happened as possible.

10.4. Co-operation with maintenance. You must co-operate with any maintenance requirements that we tell you about.

11. Your content

11.1. Prohibited content. We will notify you that we believe your content contains prohibited content and request that you remove it or disable access to it if we believe that it:

violates the law;

infringes or misappropriates any third party’s rights; or

otherwise violates a material term of the agreement.

11.2. Unilateral action. If you do not remove or disable access to the prohibited content within two business days of our notice, we may remove or disable access to the prohibited content or suspend the services. Despite this clause, we may remove or disable access to any prohibited content without prior notice to you if we believe that it:

is illegal;

may disrupt or threaten the services; or

must be removed to comply with law or any judicial, regulatory or other governmental order or request.

11.3. Geographic location. You will access all cloud hosting services from and store all your content in the location agreed between you and us.

12. Security

12.2. Electronic data security your responsibility. You are responsible for maintaining appropriate electronic security, protection, and backup of your content. This may include using encryption technology to protect your content from unauthorised access, and routine archiving of your content. You can customise the cloud hosting services for increased electronic security by:

installing third-party software;

implementing security controls; or

establishing and enforcing user access controls.

12.3. Data safeguards. The cloud hosting services are designed to only allow your authorised users to access your content. You acknowledge that we do not have access to your content. You must issue us with temporary credentials if you request support from us that requires us to access your content.

12.4. No backup. We are not required to make or maintain any additional backups of your content under this agreement.

13. Your applications

13.1. Limited right. You may install and host your applications using our services provided that you comply with the requirements and restrictions in our terms.

13.2. Your responsibilities. You are solely responsible for:

operating your applications;

supporting and maintaining your applications;

ensuring that your personnel have the necessary rights to administer your applications on the cloud hosting services;

the conduct of your end users; and

ensuring that your end users comply with the terms.

13.3. Your intellectual property. You are the sole and exclusive owner of all right, title, and interest in your applications and your content.

13.4. Grant of license. You grant us an irrevocable non-exclusive limited licence to use your applications and your content in connection with providing the services.

14. Support

14.1. Basic support. We provide basic support to you for the cloud hosting services in the form of content posted on our website and a help desk.

14.2. Our Help desk. We will provide a help desk during business hours for support requests.

Support level one is your responsibility and includes the initial recording and diagnosis of service requests reported to the help desk. You will resolve user errors and handle information requests. Your support resource will, before logging a service request with our help desk, thoroughly research any problem encountered and will make sure that all the details relating to the problem are available to disclose to our help desk.

Support level two is our responsibility and includes replying to support requests from your personnel placed with our help desk, stating the necessary information. The support request must be made in writing, either via email or using the portal on our website. Once a service request has been resolved, our help desk will inform you. You will within a reasonable period thereafter (having regard to when the problem would reasonably be detected by you again) inform us through our help desk whether the correction was satisfactory to you or not. If no notice is received, then the problem will be deemed to be corrected to your satisfaction.

14.3. Third party supplier support. If a support request involves a third party supplier, we have primary responsibility for enforcing service levels and turnaround times from third party.

14.4. End user support excluded. We are not obliged to reply to support requests from or relating to your end users.

14.5. Additional support. You may request additional support over and above the basic support for the cloud hosting services that we provide. We will charge additional fees for any additional support.

15. Your data

15.1. Definition. Your data is any data belonging to you or your customer that:

you or your customer (or any third party on your behalf) provide to us; or

we generate, process, or supply to you or your customer in providing the services;

but excludes any derived data that we create for our own purposes or which is proprietary or confidential to us or our third party contractors.

15.2. You own it. You own all your data, but give us a right to use it to provide the services when you provide us with access to it.

15.3. We do not own it. We do not own any of your data. However, we do own our derived data. Your data does not include any derived data that we create for our own internal purposes. Derived data is any of our own data that we create from your data, such as through aggregation, de-identification, or anonymisation.

15.4. Responsibility. We take the protection of your data very seriously and will always do everything in our power to protect it.

We will:

comply with all relevant laws that affect your data, including data protection, retention, and destruction laws;

comply with any of your policies or procedures relating to your data that you communicate to us timeously in writing;

have due regard to leading industry information security management codes of practice, where appropriate;

have an individual to oversee compliance with relevant data protection laws;

not sell, dispose of, or encumber any of your data or try to do any of those things;

be able to identify any of your data separately from any other data under our control; and

not disclose any personal information from your data, other than in terms of the agreement.

15.5. Subcontracting. Subcontracting involves engaging a subcontractor outside our organisation to do work as part of providing the services. We may subcontract work involving your data, provided that we:

we get your written permission to do so beforehand;

notify you in writing of: (i) the purpose of sharing your data with the subcontractor; and (ii) how we have carried out due diligence on them;

do so only through a written agreement with the subcontractor which imposes the same obligations on them as are imposed on us; and

remain fully liable for any processing of your data under the agreement by our subcontractor.

15.6. Location. You consent to us transferring it to our group of companies, associated companies, service providers, or agents who may be located in other countries for the purpose of providing the services.

16. Confidential information

16.1. Definition. Confidential information is any information that the parties share with one another in terms of this agreement with the intention that the other party should keep it secret, such as personal information, business records, or customer details.

16.2. Responsibilities. Each party will keep any confidential information it receives from the other party under the agreement confidential and the receiving party will:

protect the other party’s interests;

only use it to comply with their responsibilities under the agreement;

only give it to their employees or agents that need it (and only as much as they need);

use reasonable security procedures to make sure their employees or agents keep it confidential;

get promises of confidentiality from those employees or agents who need access to the information;

not reveal the information to anyone else; and

not use it for any purpose other than under this agreement.

16.3. End of agreement. The parties will give back to the other all confidential information of the other that they have at the end of the agreement, unless:

the other party agrees that they may destroy or retain it instead; or

it is lawfully in the public domain;

someone else who is allowed to reveal it gives it to them;

someone gives it to them to comply with a court order or other legal duty.

16.4. Indemnity. Each party indemnifies the other against any loss or damage that the other may suffer because of a breach of this clause by a party or its employees or agents.

16.5. Survival. This clause about confidential information is separate from the rest of this agreement and remains valid for five years after the end of this agreement.

17. Intellectual property

17.1. Ownership. We or our third party licensors own all proprietary rights in our services and we or they may prosecute you for any violations of those rights.

17.2. Our technology. Our technology is anything that we have or acquire rights in and may use to perform our obligations under the agreement.

17.3. Retention of rights. We own all intellectual property rights in our technology and you may not use those rights without our permission. You do not acquire any rights in our technology if we use it to provide services to you.

17.4. Our trademarks. Our trademarks are our property and you may not use them without our permission. All other trademarks are their respective owners’ property.

17.5. Restrictions. You may not change, hire out, reverse engineer, or copy the services without our permission.

17.6. Your intellectual property. You grant us a non-exclusive and royalty-free licence to use any of your trademarks and copyright works which you deliver to us for the purposes of providing the services. We may not use them for any other purpose without your prior written permission. The licence expires automatically when the agreement ends. You retain all rights in your trademarks and copyright works despite this licence.

18. Non-solicitation

You will not contract with any of our personnel, other than through us, who were involved in providing services r for 12 calendar months after its termination.

19. Fees and payment

19.1. Monthly in advance. You will pay us the monthly access fee specified on the first calendar day of each calendar month, starting on the effective date.

19.2. Debit order. Debit order payments will run on the 4th last working day of each month.

19.3. Payments made. All payments must have been made by the 7th day of each month.

19.4. Non-payment. We may suspend your account if payments remain unpaid after the 7th day of the month.

19.5. Time and materials. We may charge you additional fees on a time and materials basis for time that we, in our reasonable opinion, spend in relation to the following:

data restoration or re-establishment or other assistance required by you that does not result from inherent errors in the cloud hosting services;

unauthorised use of our services; or

providing services to you in circumstances where any reasonably skilled and competent software as a service administrator would have judged your request to have been unnecessary.

19.6. Fee increase. We are entitled to increase the fee once during each successive period of 12 calendar months calculated from the effective date by giving you two calendar months advance written notice. On receipt of the notification, you may terminate this agreement by giving at least two calendar months’ prior written notice.

19.7. Additional fee. If, after the effective date, the fee payable by you increases as a result of an increase in the cloud hosting services for whatever reason, including you electing to use additional services, you will pay us the additional fee agreed by the parties.

20. Suspension of the service

20.1. Your content. We will not erase your content when we suspend your services.

20.2. Without cause. We may modify, suspend, or discontinue providing the services without cause (with or without notice) and will not be liable.

20.3. AUP violation. We may immediately suspend your right to use any of the services if you violate our acceptable use policy, that we may have from time to time.

20.4. Preservation of data (suspension). In the event that we suspend your access to any services, we will not take any action to intentionally erase any of your data in our possession during the period of suspension and the fees will continue to accrue.

21. Our warranties

21.1. Service warranties. We warrant that we will:

employ enough trained personnel with the knowledge and expertise to provide the services;

use reasonable efforts consistent with prevailing industry standards to maintain the services; and

provide the services in accordance with all applicable laws.

21.2. General warranties. We warrant further that we:

have the legal right and authority to perform our obligations under the agreement; and

will not knowingly introduce any malicious software into your systems.

22. Disclaimer of warranties

22.1. Disclaimer. You use the services at your own risk and we disclaim all other warranties to the extent allowed by applicable law. We are not liable for any defect that you cause.

22.2. Exclusion of liability. Despite our warranties, we are not liable for any defects that your negligence, failure to follow our instructions, or misuse causes.

23. Your warranties

23.1. Agreement warranties. You warrant that:

no one has induced you to enter into the agreement by any prior representations, warranties, or guarantees; and

you are not breaching of any other agreement by entering into the agreement.

23.2. Indemnity. You indemnify us against any claim for damages by any third party resulting from a breach of your warranties, including all legal costs. Legal costs means the costs that a lawyer may recover from their client for their disbursements and professional services if permissible under applicable law.

24. Limitation of liability

24.1. Direct damages limited. We are only liable to you for any direct damages that the services may cause up to the total amount of fees that you have already paid us for them.

24.2. Indirect damages excluded. We are not liable for any other damages or losses that the services may cause you.

24.3. Your default. We are not liable for any damage or loss that your breach, misrepresentation, or mistake causes.

25. Breach and termination

25.1. Breach. If either party:

does not fix a breach within seven days of receiving written notice from the other party;

breaches the agreement materially twice or more in six months;

is bankrupt or has some legal disability;

takes steps to or is closed down (such as becoming insolvent or entering sequestration);

makes any settlement or arrangement with their creditors; or

fails to pay a court order against themselves for a significant amount within 21 days;

then the other party may:

make the party comply with the agreement; or

immediately cancel the agreement in writing and claim damages from the other party, including fees already due.

25.2. Suspension. We may immediately suspend your right to use the services if:

you try to gain unauthorised access to them;

we decide that your use poses a security threat to us or another user other than you;

there is evidence of fraud on your account; or

we believe you are using them for an illegal purpose or in way that infringes a third party’s rights.

We will not delete your content during the suspension of our services.

26. Termination

26.1. Termination for good cause. We may need to terminate the agreement immediately if:

we discontinue or stop providing the services;

believe providing the services could burden or pose a risk to us;

have to terminate to comply with a law; or

determine that providing the services has become impractical.

If we need to terminate, we will give you as much notice as reasonably possible in writing.

26.2. Termination for convenience. You may terminate the agreement on at least 60 days’ written notice to us.

26.3. Termination for abuse. We may terminate your agreement if you are found abusing our services or staff. Abuse will include abusing the services we provide as well as any abuse shown towards our staff members during their communication with you.

26.4. Duties on termination. We will stop providing the services, you will no longer be able to access them, and we may erase your data on termination, cancellation, or expiry of the agreement.

27. Effect of termination

27.1. Acceleration. All amounts due to us for the services become due and payable on termination, cancellation, or expiry the agreement.

27.2. Fees. Fees charged for our hosting services will not accrue once we have terminated the services.

27.3. Assistance. We may provide you with post termination assistance (such as data retrieval) subject to additional fees and conditions, but are not obliged to.

27.4. No expectation. The agreement does not create any expectation of continued service, agreement renewal, or any further agreement between the parties.

28. Disputes

28.1. Resolving disputes. Either party may inform the other in writing if there is a dispute. The parties must first try to negotiate to end the dispute, then enter into mediation if negotiation fails, and finally go to arbitration if mediation fails. If they go to arbitration, they will agree in writing on a recognized and appropriate forum for arbitration that is accessible to both parties.

28.2. Mediation. If negotiation fails, the parties must refer the dispute to mediation under AFSA’s rules. AFSA means the Arbitration Foundation of Southern Africa (or its successor or body nominated in writing by it in its stead).

28.3. Arbitration. If mediation fails, the parties must refer the dispute within 15 business days to arbitration (including any appeal against the arbitrator’s decision) under AFSA’s latest rules for expedited arbitrations. The arbitration will be held in English in Cape Town. The parties will agree and appoint one arbitrator. If the parties cannot agree on the arbitrator within 10 business days after the referral, the Secretariat of AFSA will appoint the arbitrator.

29. General

29.1. Governing law. South African law governs this agreement.

29.2. Entire agreement. The agreement is the entire agreement between the parties on the subject.

29.3. Notices and domicile. The parties will send all notices to each others’ email addresses and choose their respective street addresses as their service addresses for all legal documents. Our email and street addresses are available on our website, while you provide your email and street addresses to us when concluding the agreement. The parties may change either address on 14 calendar days written notice to the other.

29.4. Beyond human control. Neither party is responsible for breach of the agreement caused by circumstances beyond human control, but the other party may cancel the agreement on written notice to the other if the circumstances persist for more than 60 calendar days.

29.5. Assignment. You may not assign the agreement to anyone. We may assign it to any successor or purchaser of our business or some of our assets.

29.6. Relationship. The agreement does not create an employment relationship between the parties.

29.7. Changes. We will notify you of any changes to the agreement by email. Those changes will only apply to future services orders. If you do not agree with the changes, you must stop using the services. If you continue to use the services following notification of a change, the changed terms will apply to you and you will be deemed to have accepted them.

29.8. Waiver. Any favour we may allow you will not affect any of our rights against you.

29.9. Severability. Any term that is invalid, unenforceable, or illegal may be removed from the agreement without affecting the rest of it.

29.10. Jurisdiction. You consent to the jurisdiction of the Magistrate’s Court in respect of any action or proceedings that we may bring against you in connection with this agreement, even if the action or proceedings would otherwise be beyond its jurisdiction without prejudice to our right to institute any action in any other court having jurisdiction.

Introduction

Welcome to our privacy policy. We are Datakeepers (Pty) Ltd (Registration number 2016/532469/07) and this is our plan of action when it comes to protecting your privacy. We respect your privacy and take the protection of personal information very seriously. The purpose of this policy is to describe the way that we collect, store, use, and protect information that can be associated with you or another specific natural or juristic person and can be used to identify you or that person (personal information).

Audience

This policy applies to you if you are:

a visitor to our website; or

a customer who has requested the services that we provide.

Personal information

Personal information includes:

certain information that we collect automatically when you visit our website;

certain information collected on registration (see below);

certain information collected on submission; and

optional information that you provide to us voluntarily (see below);

but excludes:

information that has been made anonymous so that it does not identify a specific person;

permanently de-identified information that does not relate or cannot be traced back to you specifically;

non-personal statistical information collected and compiled by us; and

information that you have provided voluntarily in an open, public environment or forum including any blog, chat room, community, classifieds, or discussion board (because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this policy).

Common examples

Common examples of the types of personal information which we may collect and process include your:

identifying information – such as your name, date of birth, or identification number of any kind;

contact information – such as your phone number or email address; or

address information – such as your physical or postal address.

Sensitive personal information

Depending on the services that you require, we may also collect sensitive personal information including your:

financial information – such as your bank account details;

sensitive demographic information – such as your race or ethnicity;

employment information – including your membership of a trade union.

Acceptance

Acceptance required

You must accept all the terms of this policy when you request our services. If you do not agree with anything in this policy, then you may not order request our services.

Legal capacity

You may not access our website or request our services if you are younger than 18 years old or do not have legal capacity to conclude legally binding contracts.

Deemed acceptance

By accepting this policy, you are deemed to have read, understood, accepted, and agreed to be bound by all of its terms.

Your obligations

You may only send us your own personal information or the information of another data subject where you have their permission to do so.

Changes

We may change the terms of this policy at any time by updating this web page. We will notify you of any changes by placing a notice in a prominent place on the website or by sending you an email detailing the changes that we have made and indicating the date that they were last updated. If you do not agree with the changes, then you must stop using the website and our services. If you continue to use the website or our services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted those updated terms.

Collection

On registration

Once you register on our website, you will no longer be anonymous to us. You will provide us with certain personal information when you register on our website.

We will use this personal information to fulfil your account, provide additional services and information to you as we reasonably think appropriate, and for any other purposes set out in this policy.

On request

When you request our services from us, you will be asked to provide us with additional information on a voluntary basis (services information).

From browser

We automatically receive and record Internet usage information on our server logs from your browser, such as your Internet Protocol address (IP address), browsing habits, click patterns, version of software installed, system type, screen resolutions, colour capabilities, plug-ins, language settings, cookie preferences, search engine keywords, JavaScript enablement, the content and pages that you access on the website, and the dates and times that you visit the website, paths taken, and time spent on sites and pages within the website (usage information). Please note that other websites visited before entering our website might place personal information within your URL during a visit to it, and we have no control over such websites. Accordingly, a subsequent website that collects URL information may log some personal information.

Cookies

We may place small text files called ‘cookies’ on your device when you visit our website. These files do not contain personal information, but they do contain a personal identifier allowing us to associate your personal information with a certain device. These files serve a number of useful purposes for you, including:

granting you access to age restricted content;

tailoring our website’s functionality to you personally by letting us remember your preferences;

improving how our website performs;

allowing third parties to provide services to our website; and

helping us deliver targeted advertising where appropriate in compliance with the applicable laws.

Your internet browser generally accepts cookies automatically, but you can often change this setting to stop accepting them. You can also delete cookies manually. However, no longer accepting cookies or deleting them will prevent you from accessing certain aspects of our website where cookies are necessary. Many websites use cookies and you can find out more about them at www.allaboutcookies.org.

Third party cookies

Some of our business partners use their own cookies or widgets on our website. We have no access to or control over them. Information collected by any of those cookies or widgets is governed by the privacy policy of the company that created it, and not by us.

Web beacons

Our website may contain electronic image requests (called a single-pixel gif or web beacon request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Our web beacons do not collect, gather, monitor or share any of your personal information. We merely use them to compile anonymous information about our website.

Optional details

You may also provide additional information to us on a voluntary basis (optional information). This includes content or products that you decide to upload or download from our website or when you enter competitions, take advantage of promotions, respond to surveys, order certain additional services, or otherwise use the optional features and functionality of our website.

Recording calls

We may monitor and record any telephone calls that you make to us, unless you specifically request us not to.

Purpose for collection

We may use or process any services information, or optional information that you provide to us for the purposes that you indicated when you agreed to provide it to us. Processing includes gathering your personal information, disclosing it, and combining it with other personal information. We generally collect and process your personal information for various purposes, including:

services purposes – such as collecting orders or requests for and providing our services;

business purposes – such as internal audit, accounting, business planning, and joint ventures, disposals of business, or other proposed and actual transactions; and

legal purposes – such as handling claims, complying with regulations, or pursuing good governance.

We may use your usage information for the purposes described above and to:

remember your information so that you will not have to re-enter it during your visit or the next time you access the website;

monitor website usage metrics such as total number of visitors and pages accessed; and

track your entries, submissions, and status in any promotions or other activities in connection with your usage of the website.

Consent to collection

We will obtain your consent to collect personal information:

in accordance with applicable law;

when you provide us with any registration information or optional information.

Use

Our obligations

We may use your personal information to fulfil our obligations to you.

Messages and updates

We may send administrative messages and email updates to you about the website. In some cases, we may also send you primarily promotional messages. You can choose to opt-out of promotional messages.

Targeted content

While you are logged into the website, we may display targeted adverts and other relevant information based on your personal information. In a completely automated process, computers process the personal information and match it to adverts or related information. We never share personal information with any advertiser, unless you specifically provide us with your consent to do so. Advertisers receive a record of the total number of impressions and clicks for each advert. They do not receive any personal information. If you click on an advert, we may send a referring URL to the advertiser’s website identifying that a customer is visiting from the website. We do not send personal information to advertisers with the referring URL. Once you are on the advertiser’s website however, the advertiser is able to collect your personal information.

Disclosure

Sharing

We may share your personal information with:

other divisions or companies within the group of companies to which we belong so as to provide joint content and services like registration, for transactions and customer support, to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about our products, services, and communications (they will only use this information to send you marketing communications if you have requested their services);

an affiliate, in which case we will seek to require the affiliates to honour this privacy policy;

our services providers under contract who help provide certain services or help with parts of our business operations, including fraud prevention, bill collection, marketing, technology services (our contracts dictate that these services providers only use your information in connection with the services they supply or services they perform for us and not for their own benefit);

credit bureaus to report account information, as permitted by law;

banking partners as required by credit card association rules for inclusion on their list of terminated merchants (in the event that you utilise the services to receive payments and you meet their criteria); and

other third parties who provide us with relevant services where appropriate.

Regulators

We may disclose your personal information as required by law or governmental audit.

Law enforcement

We may disclose personal information if required:

by a subpoena or court order;

to comply with any law;

to protect the safety of any individual or the general public; and

to prevent violation of our terms and policies.

No selling

We will not sell personal information. No personal information will be disclosed to anyone except as provided in this privacy policy.

Marketing purposes

We may disclose aggregate statistics (information about the customer population in general terms) about the personal information to advertisers or business partners.

Employees

We may need to disclose personal information to our employees that require the personal information to do their jobs. These include our responsible management, human resources, accounting, audit, compliance, information technology, or other personnel.

Change of ownership

If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we may assign our rights to the personal information we process to a successor, purchaser, or separate entity. We will disclose the transfer on the website. If you are concerned about your personal information migrating to a new owner, you may request us to delete your personal information.

Security

We take the security of personal information very seriously and always do our best to comply with applicable data protection laws. Our hosting company will host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. We authorize access to personal information only for those employees who require it to fulfil their job responsibilities. We implement disaster recover procedures where appropriate.

Accurate and up to date

We will try to keep the personal information we collect as accurate, complete and up to date as is necessary for the purposes defined in this policy. From time to time we may request you to update your personal information on the website. You are able to review or update any personal information that we hold on you by accessing your account online, emailing us, or phoning us. Please note that in order to better protect you and safeguard your personal information, we take steps to verify your identity before granting you access to your account or making any corrections to your personal information.

Retention

We will only retain your personal information for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless:

retention of the record is required or authorised by law; or

you have consented to the retention of the record.

During the period of retention, we will continue to abide by our non-disclosure obligations and will not share or sell your personal information.

We may retain your personal information in physical or electronic records at our discretion.

Transfer to another country

We may transmit or transfer personal information outside of the country in which it was collected to a foreign country and process it in that country. Personal information may be stored on servers located outside the country in which it was collected in a foreign country whose laws protecting personal information may not be as stringent as the laws in the country in which it was collected. You consent to us processing your personal information in a foreign country whose laws regarding processing of personal information may be less stringent.

Updating or removing

You may choose to correct or update the personal information you have submitted to us, by clicking the relevant menu in any of the pages on our website or contacting us by phone or email.

Limitation

We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third party websites.

Enquiries

If you have any questions or concerns arising from this privacy policy or the way in which we handle personal information, please contact us by:

Refund Policy

1. Read instructions

Please carefully read and follow all instructions that come with our services. For example, any documents that help you use our services. Please also read our website at https://datakeepers.co.za/ for tips on using our services.

2. Our warranty

We warrant that we will provide all our services as soon as reasonably possible after you have informed us that you would like us to begin providing the services.

3. Cooling-off period

Section 44 of the Electronic Communications and Transactions Act may apply to your electronic transactions. If you qualify as a consumer under the ECT Act, you may be entitled to cancel some electronic transactions within seven days, without reason or penalty. Section 44 is only applicable if you are a natural person – in other words, a human being. You must also be the end user of the service. The transaction must be an electronic transaction – a transaction concluded via (in whole or in part) the website, email, or SMS.

3.1. Refund of services in terms of cooling-off period

The right to cancel does not apply to any services where you have given us your permission to provide them to you within seven days of accepting your request for the services.

4. Statutory warranty against defects

We warrant all our new services against any defects for six months of normal household or business use, from the time we supplied the services. This is the statutory warranty in terms of the Consumer Protection Act of 2008 (the CPA).

4.1. Unsatisfactory service

An unsatisfactory service is one that was not provided in a way or was not of a level of quality that an average person would expect of that type of service. You must claim that a service was unsatisfactory.

4.2. Statutory compensation

We will refund the price of any unsatisfactory service that you submit a successful claim for. Refund claims must follow our refunds procedure below.

4.3. Choice of compensation

Any customer that is also a consumer under the CPA may decide whether we should either, provide them with additional services to remedy or refund them for unsatisfactory service. We will decide how to compensate any of our other customers.

5. Procedure for returns to other suppliers

Customers of other suppliers (such as major retail chains) must return defective or unsuitable services directly to that supplier. Customers must use the correct returns procedure. Please contact the customer services department of the relevant supplier for details of their returns procedures.

6. Delays in providing services

We will diligently try to provide the services as agreed. But, there may be delays which are not our fault that prevent us from providing the services. We will notify you of any delays caused by reasons beyond our control.

7. Place, date and time for providing services

Except for when the services are provided over the Internet, we will only provide you with the services at the place and at the date and time agreed to between us. If we are unable to provide the services to you at the place, date and time as agreed for any reason, we will contact you and agree a new place, date and time to provide the services to you.

8. Assignment of the services

We may assign our rights and duties under the agreement, including our duty to provide the services to you, to any successor or purchaser of our business or some of our assets. Any successor or purchaser will provide alternative services similar to ours that are reasonably accessible to you.

9. Our refund procedure

You must use our refunds procedure for returning defective or unsuitable services, or else we may refuse to accept them. Our returns and refunds procedure is as follows:

Download a return or refund claim form from our website or ask our customer services department email the form to you.

Fill in the form with your contact details, date and place of purchase, and all details of the unsatisfactory service that you want to return, including how and why you believe the services are defective or unsuitable for your purpose.

Email the refund claim form to customer services. Customer services should contact you with a refund claim number within 24 hours of receipt, otherwise you must contact them to get the number.

Our customer services department may tell you that they do not believe you have a claim. In this case we may refuse to pay a refund.

We will then investigate as soon as reasonably possible whether the services we provided you were unsatisfactory. We will create a report whether we believe the services were of a level of quality that an average person would expect of that type of service or not.

If the services were cancelled too late or our report says that we believe the services were of a level of quality that an average person would expect of that type of service, then we will inform you that we are unfortunately unable to remedy or refund the refund the service.

If you cancel the service, we will stop providing the relevant service as soon as reasonably possible and contact you to arrange payment of the refunded amount into a bank account of your choice within 30 days of cancellation.

10. Dispute resolution

If we do not accept that we supplied unsatisfactory services, and our customer services department has not been able to help, any customer may still take the matter up with a suitable ombud or other dispute resolution body, or take legal action. The dispute resolution procedures under the CPA do not necessarily apply to all transactions with us. This policy does not exclude any other rights customers may have.

11. Our customer services department contact details

Our customers can contact our service department as follows:

Telephone number: +27 21 556 9999

Email address: billing@datakeepers.co.za

Postal address: PO Box 50213, West Beach, Cape Town, 7449

General Office hours: 09h00 to 17h00.

12. Customer queries and complaints

We aim for complete customer satisfaction. We respect our customers’ rights and always try to comply with best practice and all relevant laws. If you are not satisfied with any of our services, or have any questions, please contact our customer services department and have your invoice ready. We will try our best to solve your problem. We are proud of the reputation of our services.

Security Policy

Introduction

There is no such thing as ‘perfect security’. We have to create a balance between increased levels of security and making transacting with us convenient to you.

Our security responsibilities

We will ensure that:

We host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders.

The information you give to us that is stored on or passes through our systems is protected. Encryption is used to protect the personal information you give us where it is appropriate.

The links from our systems to systems under the control of third parties (for example our payment gateway) are secure.

We perform regular backups of data to ensure it can be recovered in the case of a disaster.

We log all access to our system. If any unauthorised behaviour should occur, this will assist us in identifying and resolving the issue.

We take reasonable steps to secure your payment information and use a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction and the type of the transaction concerned.

Our security disclaimers

The third parties whose systems we link to are responsible for the security of information while it is collected by, stored on, or passing through the systems under their control.

We will use all reasonable endeavours to ensure that our website and your information is not compromised. However, we cannot guarantee that no harmful code will enter our website (for example viruses, bugs, Trojan horses, spyware or adware). You should be aware of the risks associated with using websites (addressed below).

If you experience a problem or loss that is caused by: (i) information you provided to us; (ii) your computer being compromised in some way; (iii) or by something beyond our control.

We cannot take responsibility for causing the problem. We will, however, do our best to help you if we can.

Your security responsibilities

Recommended steps

You should:

Install and activate appropriate security software on your computer. This should include anti-virus, anti-spyware and anti-spam software.

Run regular scans of your computer for viruses.

Update your security software to ensure you are always running the current version.

Additional steps

Make sure that you have entered secure pages when filling in your sensitive personal information. Look for a small yellow lock commonly seen at the bottom right of your browser and http changes to https on the address bar.

Log out after you have transacted electronically.

Protecting your password

You should:

Never share your password with anyone.

Never send your password via email.

Make your password as strong as possible.

Credit card information

Safe and secure

Transacting with us electronically (including transacting and using your credit card on our website) is safe and secure. It is much the same as transacting in person face-to-face.

Payment processing

We do not get involved in any credit card transactions directly. All credit card transactions are handled or acquired for us via PayFast who are the approved payment gateway for our bankers. No credit card details are stored on our website. Payfast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3). You may go to https://www.payfast.co.za/ to view their security certificate and security policy.

Payment verification

A Certificate Authority (or CA) GeoTrust (https://www.geotrust.com/) checks, verifies, and certifies our service provider’s company registration documents and domains to ensure that nobody can impersonate them to obtain your payment Information.

Secure URL

Once you begin the checkout process you will notice that the site URL will change from “http” to” https” and a small padlock will appear at the bottom of your screen. This is indicative of a secure Internet transaction.

Verification programs

We do not currently support the Verified by Visa program or the MasterCard SecureCode. You can still use your Visa or MasterCard credit card as payment for an order, but we will not ask you to enter your Verified by Visa password or MasterCard SecureCode.

Phishing

Secure URL

No confirmation through links

We will never ask you to confirm your username and password or other sensitive information by clicking on any links in an email other than the email link we send you at registration to verify your email address. Be aware of “phishing” attacks where criminals attempt to obtain your sensitive information by sending you an email, masquerading as an email from us, asking you to access your account or verify information via links in the email, or diverting you to a fake DataKeepers website. Please report any suspected phishing attacks to us immediately to prevent any harm to you or other users.

Contact us

Please report any suspicious or unauthorised activity relating to your use of our website to us directly, because it will help make our website as secure as we can.

Our right to take action

We reserve the right to take whatever action we may deem necessary at any time to preserve the security and reliable operation of our system. You undertake not do (or permit anything to be done) that may compromise the system under our control.

Questions?

Let us know what we can do for you!

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Backup.co.za is a service offered by DataKeepers, a Cape Town-based company whose sole mission is to keep your data safe!